In this special on-the-road episode of CCA Arbitration Talk, recorded at the American Arbitration Association Neutrals Conference in Dallas, Texas, host Rich Silberberg explores a timely and vital topic: diversity on arbitration panels. Joining him are two distinguished guests: Together, they tackle pressing questions, including: Our distinguished guests also share personal reflections on their journeys into ADR and offer valuable advice for aspiring arbitrators—especially …
arbitrator selection
Select Your Decision Maker! (Part II)
The Aardvark* commented in the initial installment of its “Select Your Decision Maker” post that the principal advantage of commercial arbitration is party autonomy and self-determination, as best illustrated by the disputants’ ability to select the person who will hear and decide their dispute. As part of its continuing “debunkery” mission to set the record straight about the advantages that commercial arbitration offers over litigation, the Aardvark asks and answers the following two …
Select Your Dispute Decision-Maker!
Commercial arbitration offers disputants distinct advantages that are not available in court. The principal one is party autonomy and self-determination. Nothing illustrates that concept better than the disputants’ ability in commercial arbitration to select the person who will hear and decide their dispute. Litigants who resort to the courts for dispute resolution cannot select the judge who will hear the action. Judges are generally randomly selected upon the filing of the …
Aardvarks Care About the Cost of Business Dispute Resolution!
The CCA Arbitration Aardvark* has noticed quite a bit of discussion on the cost of business dispute resolution and whether arbitration is speedier and less costly than litigation. It certainly can be and often is. It has been reported that business arbitrations take on average 7.3 months from start to resolution while the U.S. District Court cases take an average of 23.4 months – and that’s even before appeals. Generally, the longer a case takes the more expensive it becomes. The parties, in …
Tips on Effective Use of Subpoenas in Arbitration
Earlier in my career both as an advocate and as an arbitrator I did not fully appreciate the differences in compelling testimony and documents from third parties in arbitration as compared to litigation at the courthouse. After serving on an arbitration panel where counsel for one side made some crucial mistakes in seeking subpoenas it became clear to me that understanding this issue was a necessary part of an advocate’s tool kit. My experience has proven that, in arbitration cases, …